Legal Opinion

Barber v. Dugger

District Court of Appeal of Florida

Decided December 12, 1989No. 89-1743Published

1Opinion of the Court

BASKIN, Judge.

Harvey Jerome Barber petitions for writ of habeas corpus or post conviction relief pursuant to rule 3.850, Florida Rules of Criminal Procedure. We deny the petition because a plea bargain serves as a clear and convincing reason for departure from sentencing guidelines. Quarterman v. State, 527 So.2d 1380, 1382 (Fla.1988); Smith v. State, 530 So.2d 304 (Fla.1988); Smith v. State, 529 So.2d 1106 (Fla.1988); Brown v. State, 538 So.2d 523 (Fla. 3d DCA 1989); Heuring v. State, 539 So.2d 590 (Fla. 1st DCA 1989). Petition denied.

2Cases cited3 opinions

  1. Smith v. StateSupreme Court of Florida · 1988
  2. Heuring v. StateDistrict Court of Appeal of Florida · 1989
  3. Brown v. StateDistrict Court of Appeal of Florida · 1989